Most of your constitutional rights came from a communist’s prison sentence

Published July 9, 2026 8:00am ET



Start with the most common constitutional argument in America. A professor gets fired over an op-ed. A homeowner watches a permit board regulate his land into worthlessness. A gun owner gets denied a carry permit. In every case, the aggrieved party reaches for the Bill of Rights. First Amendment. Fifth Amendment. Second Amendment. They’re invoking protections written in 1791 to limit what government can do to them.

Here’s the question almost none of them can answer: which government?

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